e e e e e e e e e Township of Edison Zoning Board of
adjustment special meeting of March 25th 2025 is now in session adequate notice of this meeting as required open public meetings Act of 1975 has been provided by the annual notice published in the home news and Tribune on December 13th 2024 as imposed to the main lobby
Municipal complex on December 18th 2024 please join me in the pledge of allegiance to the flag FL United States Amica naice mam secretary roll call please Mr
OA Mr Bell Miss Shaw here Mr aat here Mr Johnny here Mr chabra here Mr Sero here Mr Schneider here Mr de here Mr Sadat here Vice chair Gorman here and chairman kba here thank you first I'd like to
welcome Mr Johnny to the board as our new second author congratulations welcome board we look forward to working with with you all right Madam Secretary uh minutes for consideration minutes of March 18th 2025 for approval what's the board's
pleasure motion to approve motion approve motion made by Mr Sero second by Mr Johnny roll call please Mr chabra yes to the motion Mr Sero yes the motion Mr Schneider yes to
the motion Mr de yes on the motion M Gorman yes on a motion and chairman Kumba yes on the motion thank you mam secretary resolutions to be adopted first resolution z21 2024 dat bwan Von Institute for approval make a motion to
approve Z 21-2024 second motion made by Vice chairman o' Gorman seconded by Mr Sero roll call please uh Mr chabra yes to the motion Mr Sero yes to the motion Mr de yes on the motion Mr sadan yes on the motion Vice
chair Gorman yes on the motion and chairman Kumba yes on the motion and then we have z22 2024 Congregation of Israel for approval what's the board's pleasure make a motion to approve z22
d224 second motion made by uh Vice chairman o' Gorman second by Mr sedada roll call please Mr Chopper yes the motion Mr Sera yes on the motion Mr sadan yes on the motion Vice chair o' Gorman yes on the motion and chairman
kbo yes on the motion thank you thank you Madam Secretary good evening ladies and gentlemen this is a special meeting of the township of Edison Zoning Board of adjustment the board is composed of Edison Township residents appointed by Municipal Council who volunteer their time in service to the board the mpal L use Law requires that members
successfully complete a l use training course ad ministered by the New Jersey Department of Community Affairs this board also holds in-house training conducted by our board professionals this zoning board abides by the revision of provisions of the municipal land use law in addition to our board's bylaws
the zoning board is a quasi judicial land use board which differs from the township planning board under myanus law board members are required to be impartial and are not allowed to discuss any case prior to being considered at a hearing all applicants will have the opportunity to present their case before
the board along with the opportunity for board members and board professionals to question the applicant and their Witnesses at the conclusion of the applicant's PRI presentation of their case the case will open to the public residents within 200 ft of the subject property will be heard followed by residents from outside of 200 ft all
residents will be sworn in they'll provide their name and address and they'll be given six minutes to comment on the application being considered without the opportunity for rebuttal residents may ask questions of the applicant the applicants professionals and board professionals the board requests of these questions are asked prior to any commentary being made on
the application once the commentary Begins the resident timer will begin the applicant will be allowed the opportunity for cross-examination of their Witnesses under the law the chair is allowed to stop any commentary which is repetitive or an attempt to filibuster the board further the chair is allowed to stop any commentary that
is irrelevant to the case or prohibited from the board's consideration once a public portion is closed all public comments are ended unless new testimony is presented by the applicant following the closure of the public portion the applicant will have the right of summation on their application following summation the case will go to the board
for decision this procedure has been followed by the board and similar to the procedures followed by Boards of adjustment Statewide the municipal land use Law requires a board to engage in a balancing act it is not required to strictly apply Township ordinances zoning plan or master plan as a board of
adjustment variances are granted where when appropriately necessary following all legal considerations as has been the case with prior boards this board will see where we are at if we're still in session around 10:30 p.m. I ask that all applicants professionals and residents show respect to each other and be civil
throughout all proceedings I ask that you withhold a Applause booing or interrupting anyone while they are speaking the chair will not tolerate any tolerate any Outburst by applicants professionals or the public further since most cases are being recorded by a court reporter I ask that speakers do
not speak over one another Madam Secretary first case on the agenda please case number Z1 2025 cherag Patel at 17 parkerson Road applicant is seeking bulk variances to construct an attach garage to the existing single family dwelling the following following
standards have not been met building coverage required is 23% proposed is 2569 per. both sidey yards setback required is 18 ft proposed is 13.15 Ft affected property is located in the RB Zone designated as block number 11121
Lot number 13 on the Edison Township tax map all noticing paperwork is in order you gentleman can take the table over here please I'm going to ask you both to raise your right hand sure please solemnly swear or affirm to tell the whole truth nothing but the truth to help you guys I do okay
sir starting with your name said for yeah you can pull that microphone really close you can take you can take a seat too sir both you guys take a seat and make yourself comfortable hi uh my name is TR Bal and sir your
name Joseph primiano P r i m i a n o architect for the applicant um okay so we're just going to qualify if you could just give a summary of your background qualifications graduated NGIT 2001 started my own practice in 2007 I'm licensed in New
Jersey uh and 10 other states my license is uh in good standing I've testified before numerous boards throughout New Jersey I've testified before this board numerous times okay we'll accept you thank you very much so we are here tonight seeking uh bulk
variances for an addition that we're doing on the side of the house um currently there's an existing twostory frame dwelling but there's no Garage on on the house um the the structure that
was built is slab on grade so there's also no basement or any storage so what we're proposing is a one-story garage on the left side of the house uh with a little storage room behind it uh what happens is because of the setbacks um we
are there's a requirement for a single side yard setback to be 6 feet and we're requesting uh 5.25 then there's a combined sidey yard setback of 18 ft and we're requesting 13.15 the other variance that we're also
seeking is for building coverage the building coverage is allowed to be 23% currently is 20.8 we're asking to exceed that a little bit and go to 25.6 n% uh the reason for some of these
variances are because there's a pre-existing uh undersized lot so the lot is only 6714 Square ft where in this Zone the requirement is 7500 Square ft the lot
width is also undiz ized um which is 60.4 two where the uh requirement is 75 so what we did was we tried to keep the garage to a minimum on that side of the house um we didn't want to uh you know
do something that was uh very intrusive and uh you know detriment to the the neighborhood or the neighbor in particular so the applicant has uh you know we proposed to keep this as a one-story addition um you know to just
to minimize that that sidey impact and pretty much just get the the basic needs that the applicant has which is just some additional storage and a and an interior car space currently right now they're just parking in the driveway and there's uh they have they do not have
any garage space at all um when they bought the house a few years back obviously they knew there was no garage um but when we got hired and we got involved um you know I had to give the applicant the bad news that Hey listen there's a this this will need a variant
because the sidey yard setback goes through um the the the proposal um but that's uh I don't know if the board wanted me to go into further detail on that but that's um besides just listing the areas so the the addition of the
garage would be 266 square fet and the room in the back is 97 square feet so again we tried to keep it to a minimum as to not you know overdo anything here okay thank you first it's not always bad news that you're here uh but secondly we just I'm just
noticing that you did stay under the FL area ratio uh which is something we appreciate um does board have any questions from Mr perano chairman Mr D uh the purpose of this one story Edition is mainly uh
storage or car garage as well so so it's both so the the garage will be for the the car in the front and it was also to get a little storage room behind that and this is a corner property of dam Avenue and Dam Road and uh Parkers
correct no this is this is not a corner corner property no did you say Corner yeah it say the road and oh no no well that's just on the property survey that they always give you the the nearest cross street for for reference but that's got it yeah
that's like 600 feet away yeah I see now okay so it is not a corlot no okay and you definitely want to use as a car garage as well not just the storage that is correct okay all right thank you Mr thank you Mr D any other questions from the
board see none okay thank you very much do you have anything else to add sir that's it okay thank all right so we will now go out to the public uh anyone within 20 feet of subject site wanted to be heard if you're within 200 feet you receive the notice via certified mail anyone outside 200 feet want to be
heard see none can I get a motion to close the public portion motion to close the public portion second motion made by Vice chairman o Gorman second by Mr Schneider all in favor signify by saying I I oppose nay the eyes have it public portion is now close and I'll go to the
board Mr chairman Mr D I'll make a motion to approve this application uh it is very dious request it is not detriment to the neighborhood not out of character with the neighborhood there are no objectives second motion made by Mr dve
second by Mr Schneider roll call please Mr chabra yes to the motion Mr Sero yes yes on the motion Mr Johnny Yes in motion Mr Schneider yes on the motion Mr de yes to the motion Mr sadad
yes to the motion o Gorman yes on a motion and chairman Kumba yes on the motion unanimous approval you see you said it was bad news it was good news good luck congratulations thank you so much all right thank you have a good evening you too mam secretary next case on the
agenda please case number z35 2022 amended Edison 687 developers at 46 East Side a applicant is seeking bulk and use variances to amend the preliminary and final major site plan to modify the interior of the existing structure
ructure for use of additional restaurant occupant standards have not been met in accordance with the master plan affected property is located in the gbh zone designated as block number 172 Lot number 1.01 on the Edison Township tax map all noticing paperwork is in order
good evening thank you good evening for the record I'm Donna Jennings and the law firm of w scin and Spitzer on behalf of the applicant as was correctly indicated the applicant is here this evening seeking amended preliminary and final major site plan approval uh with a
parking variance on property located at 46 easts Side Avenue identified as block 172 lot 1.01 on the Township's tax map as the board will recall uh a resolution was adopted in
2023 which granted the applicant their original approval with use variants and parking variances to allow a City MD to operate at the site the board also granted a parking variants to permit the applicant to have 38 parking spaces where 59 were required under the
ordinance and the board also granted variances for parking setback number of loading spaces buffer and sign height as a condition of that approval the board required the applicant to return when it identified tenants for the remaining vacant space in the existing building so
all the improvements with the city MD are up we're not making any changes to the actual building um size Endor any of the parking areas is Landscaping all that was just recently uh done in citymd is up and operational so we're here to
identify the two new tenants uh one is called local infusion and there's an Indian restaurant and um in support of the application we're going to call two direct Witnesses Matt sharro who is the applicant's professional engineer and planner as well as Andy dvala the
applicant's traffic expert to testify and support of the parking variants I do have a representative local infusion and a represent pres of the Indian restaurant but Matt's going to go through their hours of operations Etc um but if you have any questions regarding the operations that Matt's not able to
answer we'll bring those other Witnesses up and they can answer any questions that you have so with that we' have uh Mr shl sworn in please raise your right hand you solemnly swear or affirm to tell the whole truth nothing about the truth to help you got I do and state your full name for the record sure it's Matthew
sharo s h r o Mr sharo you could have a seat um if you just provide the board with a summary of your background and qualifications please sure thank you guys I'm a professional engineer in the state of New Jersey and a professional planner in the state of New Jersey been practicing
engineering for over 20 years now um uh work at Dynamic engineering uh in Lake homo New Jersey 1904 Main Street uh I've actually testified in front of this board for the original application for this project so I am well versed in this
project your license are current in a good standing my license are current and in good stand great you may proceed thank you thank you so uh Mr sharrow if you could just for the record the site plan um here was prepared under your direction correct that is correct and if you could describe the site and the surrounding site if you're going to rely
on any exhibits if you could Market them into evidence please sure if you just may want to take a microphone over with you there you go yeah I hope it works we'll find out they just want to watch you walk back and forth
all right there we go all right so I'll mark exhibit uh A1 as the aerial map exhibit is this an exhibit that was already submitted as a part of the application it was submitted as the pre in part of the previous application not
this current application no okay do we have smaller versions or are they attached Rachel um whatever is in the packet I don't believe this was a part of the submission so I would just ask if it's going to be marked as A1 that Jennings
you would provide that um within the next two days to our board secretary you got it no problem maintain thank you thank you so this is in the center of this oh this is prepared by Dynamic engineering
uh entitled aerial map exhibit uh with today's date um March 25th 2025 so this is a aerial view of the property in the center of the exhibit is the property block 172 lot 101 um I know it's a
pretty far off exhibit I'll get to a closer exhibit in a second um basically the surrounding uses to the north is residential to the east is a gas station to the South is Route One and to the West is some more commercial and an
exist shopping [Music] center second exhibit A2 this is uh zoomed in aerial you probably see this one a little bit better from your seat uh this is arial map exhibit 20 scale prepared by Dynamic
engineering with today's date again North is up to the top the center of the the exhibit is the property in question uh just to reacate you with the the property itself the white hat the white area on here is the existing building and the surrounding
areas are the parking this is this is a good exhibit because it actually shows the improvements that were already installed as part of the original application so you're looking at a a more upto-date exhibit than what was previously there all right exhibit
A3 this is prepared by Dynamic engineering entitled site and Landscaping plan rendering with today's date March 25th 2025 so what you see here um is basically exactly what you saw in the aerial there's no changes to
the building there's no changes to the parking there's no changes to lighting Landscaping anything it's exactly what's on the aial today all we're doing per Miss Jennings is that we are changing the uses previously the adjacent use to the citymd was a retail now we are
putting in a um planning to put in a local infusion and a restaurant so the render is exactly what's out there today so this I'll mark this as exhibit
A4 this is a black and white um elevation of the of the building front elevation of the building created by uh create architecture and plan design essentially on the right side top image right side of the exhibit is the existing cdmd then in the middle you'll
have the local infusion then on the far left side you'll have the uh restaurant uh the the facade that was previously approved is staying the same essentially just adding a second sign for the restaurant all of these exhibits are not
a part of the application submission correct I'm going to ask that all of them be absolutely not a problem why are you getting the next board out either Mr shaer or Council can somebody explain to me what local Fusion is because I need I I need to understand
it if we're going to proceed you said restaurant but I you know I'll I'll get there I just want to you're making me feel old that I don't know what something is I'll I'll get there I just wanted to give you a lay of the land first to explain that nothing's changed on the site there's no there's no additional site improvements um go
through the architecture a little bit go through the um floor plans of both uses then we can get into the operations um and any other questions that you might have just before you proceed I want to know what's a local INF Fusion a local Fusion is basically it's a uh an office setting for people to come and get
medications like uh chemo or you know intravenous medications so they have their own they have their own little um space chair they get start the infusion they set up appointments um so it's all appointment based uh there's a couple
nurses that are in there at the the higher times but all in all it's just a place for people to go to get their long-term medicines okay does that make sense does you may see thank you all right so the this exhibit
[Music] A5 uh yeah A5 so A5 is a pre and post pict of what the center used to look like versus what the center looks like in today's world right now with the cdmd in in action so on the left side is before
where you saw the the mattress furniture store and then on the right side is the current view of the building so just for the record and I believe this was submitted as part of the package it's just one sheet from the AR the overall
architectural set um showing the floor plan of the local infusion so this is I'll just do a so what this shows is this shows the um user rooms uh a break room bathroom
the hallway and the reception area so as you walk in there's a reception area uh to wait for your for your appointment a hallway down down with some rooms off the sides a uh patient area a break area some storage areas and then a um a
restroom at the end of the the building pretty straightforward office you know medical office type setup here and then lastly A7 and this is the floor plan for the restaurant use um so again this is the
far end of the building so as you walk in there's a reception area with the takeout uh counter there's 25 seats a couple displays for meat um then behind that is your kitchen and your prep rooms
and there's a long hallway on the right side of the building that lead you to the rear where the bathrooms are so pretty straightforward for a uh smaller restaurant type use like this with the kitchen in front resta uh sorry restaurant in front kitchen in the
middle bathrooms in the rear that is all the exhibits I have so I will get a little bit into theer operations yeah and I'll sit down for this if you don't mind please go ahead getting all your steps in I only
had 2,000 left before this so let me all right so I just want to point out uh a couple couple items um the cdmd is now in operation uh it opens its doors in it opened its doors in October uh currently
it's running 8:00 a.m. to 8:00 p.m. um at I stated there's no physical improvements to the site plan at this time all we're doing is changing out the use from a retail to the local infusion in a restaurant uh from a parking perspective
what that does because I know that was a big question that's part of the original application from a parking perspective the cdmd requires per your ordinance 37 spaces the local infusion requires 25 spaces and the restaurant requires 18
spaces for a total of uh 80 spaces required um and we have do have a traffic engineer to talk about the the parking situation on site and their memo that was submitted as part of the application uh deliveries will basically
be the same as the cdmd for the local infusion in the restaurant it's typical mailing uh UPS USPS FedEx that type of uh deliveries it's no big box trucks coming in bringing in the uh the infusions that are needed
uh to the restaurant it's two to three deliveries uh a week for the Food Supplies you know your your Meats your vegetables produce Etc then this particular restaurant will is looking to get a you know one delivery of goods
such as paper goods plates towels Etc um once every couple months that delivery will come in a van like a a midsize van so from a perspective of the site now um there is no loading zone there was none approved with the previous application
and that's because these types of uses do not require a loading zone per se for large trucks to come in and make big deliveries in a single time they're smaller car vehicles typical mailing type stuff coming to these uses as far as the signage goes um the
signage the ID sign will remain the same previous application was for a cdmd and one retail panel the actual size of the sign the ID sign sign along Route One there will remain the same just the retail panel will now be split into two panels so area stays the same setback
stays the same height stays the same just that the retail panel will now be split into two panels for each of the added uses um as far as the building Mountain signage the building Mountain signage the citymd obviously will stay the same
they have uh two 42 42.3 73t signs one on the front facade one on the side side facade the local infusion will have a a 41.2 foot uh sign added onto the front
of the building and then the restaurant will have a 23.52% I'll just local infusion then I'll hit the restaurant um so basically the hours of operation for the local infusion will be 8:00 a.m. to 8:00
p.m. again that's by appointment only um so you know there's not it's not like a uh you know emergency room or anything like that it's people are going there for specific infusions they make appointments they go they leave um deliveries to there I think I
think I hit this already two to three times a week by local male FedEx Etc uh two nurses are on staff at all at one time so just two nurses with the with the um patients the nurses just to to
clarify the nurses are kind of a jack of all trade for this type of use they are also doing the cleaning the reception um you know taking out the garbage they there so there's not another person doing that per se around the around the office on a given
day um typically maximum patients at one time is five because that's all that all all it allows for there's no there's no overlaps they have a half hour between so five patients at a
time uh treatments can take up to a half hour to three hours and as I stated there'll be a buffer of about a half hour between each patient so with that said the parking need for this type of use in our
calculation is seven two nurses five patients maximum and through op architecture all right next on to the restaurant
um hours of operation for the restaurant uh will be 10 to 9:30 7 days a week uh the busiest times for this restaurant obviously lunchtimes 11:30 to 1 6:30 to 9 uh as far as employees to the
restaurant uh there'll be four to five employees there'll be a cook cook helper restaurant or reception manager a server and a cleaner and then um this will be a takeout restaurant so they anticipate 10 to 15 orders during the peak
hour as far as the inside I I believe I hit this but I'll hit this the square footage real quick because I know it's important for the parking calculation um there will be 25 seats the original application for this had uh approximately 40 seats the restaurant user has now reduced that to 25 seats um
the kitchen square footage is about 700 square feet that includes uh the prep area the you know the Cook Area Etc that leaves uh approximately um 900 square ft for the
actual retail space of the restaurant so with that said that's where we came up with the 18 parking spaces required for this use uh based on the fact that there's 900 foot of retail space approximately 900 foot of retail space uh per your ordinance requires 18
parking stalls and that's all I really have on the operation side of things and the s improvements as I noted there there are no new site improvements and under the ordinance under the uh City MD approval how many
parking spaces will they allocated City MD yeah hold on second sorry I know I have that in my notes somewhere what's there if I told the 37 does that sound right allocated required oh required
sorry you said allocated and then how many sorry sorry about that yeah required for the cdmd per your ordinance is 37 spaces right and what's the cdmd demand the cdmd demand uh I don't have that my traffic engineer
has that number sorry yeah I won't confuse you yeah sorry my traffic engineer has that number and the local infusion as I stated 25 spaces but the real demand for the local infusion is seven okay that's all the direct testimony I have okay thank you I I'll
go to the board any questions Mr cherl Mr chair M Cher I have a question for the applicants engineer please um so just to confirm there's no site improvements being made correct um and what are the total number of parking spots with this proposal as of today
total number as of today shouldn't change right yep 59 no yes okay sorry nope 38 38 on your resolution for the City MD from January 17th it says 44 proposed
so is that a discrepancy amongst those six parking spots EV stations because originally you needed 59 you proposed 44 the variance was granted for those 15 spots so now your current application is showing that you need but that includes EV that includes
the seven EV stalls okay right so we got credit for that yeah okay so seven it's the 44 with that U EV credit and currently you're have 30 8 total without the EV no the EVS were
installed okay 38 with the EV credit or without the EV credit with with the EIT okay 38 are there today right now okay correct that's what's actually there okay so it's a 42 spot 42 parking spots that's
the variance that you're requesting essentially correct okay originally went from 15 to 42 well if you from the original approval we had indicated that the it requirements would required 13 spaces for the citymd so we had always
indicated that the citymd only needed 13 spaces we had half the building left so that's why we were required to come back and make sure that we found low generating uses for the site so that the parking would be okay so when you hear from the uh traffic engineer he's going to go through the parking demand it's
only seven for the local infusion and another 18 for the restaurant so we'll get to the number that are we have for parking spaces and actually you'll also hear from the traffic engineer he went out there and did actual counts since City MD is open and I think they've only been coming up six or seven spaces
actually being used we reserve 13 for City MD okay thank you for the clarification sure sorry it was confusing any other questions from the board Mr chairman okay all right so ctmd currently is
operation correct correct Monday to Friday or 7 days a week 7 days a week and hours are 8 to 8 8:00 a.m. to 8:00 p.m. correct and any peak hours uh I don't think so it's a Urgent
Care Urgent Care so there's no anytime it got completely full took all these spaces that you have the parking spaces so far you're open still since October correct correct did you occupy all the parking spots any given time I'm not aware our traffic is here Traffic
Engineers here to talk about what they observed right so you have 18 18 spots allocated for no 13 for City and 13 ctmd 30 and then restaur you said
is it takeout or the seating as well seating and takeout seting and take up and hours are 10 to 9:30 correct correct and the peak hours are 6:30 to 9 and lunch and lunch and lunch
Monday to Friday or 7 days a week seven days seven days a week and if it is uh between 6:30 to n between takeout and uh if restaurant are fully operational how many spot you would
need 18 18 for the ordinance no and and uh for the um infusion Monday to Friday 7 days it's uh seven days a week again but
it's six days a week Sundays um only on special occasions for appointments and Saturdays hours are 8 to 1 8 to one and you are expecting you're allocated 11 spaces for seven seven seven two for the
nurse five for the rooms and and um your testimony is that 37 38 spaces are enough there will not be off Street on street parking offside parking correct okay based on those demands thank you Mr chairman thank you
Mr Vice chairman yes looking at this you said maximum of uh five patients mhm you have six treatment rooms well they they have to clean them so yeah somebody comes in for a three-hour treatment and then somebody
else comes in there's there's always an open room that's got to be clean there's only one person doing the everything there so they can't you keep one extra room open at all times thank you uh I have a question so for the uh
restaurant are there is there a plan for designated to go spots for someone just coming in to get to get no you mean in the parking spot to go um no but I mean we could if you wanted us to is there any designation
for you know City MD parking or is it just open parking within the parking field for any of the three uses I believe it's open parking they're not numbered okay and then with regard to the local infusion do you anticipate
patients or arriving via um Medical Transport van ambulance things of that nature that we probably should ask a local infusion person but yeah they're definitely people who can't get themselves there so they're probably being dropped off by a family member and then they're coming back you know three
hours later okay me it's just I mean you know we have the local infusion person so we can have him testify to that okay all right thank you very much okay anyone else on the board chairman Schneider I'm looking at the uh floor plan for the restaurant um about halfway down the building it says takeout what
does that indicate there is a that's there is a new uh floor plan um the exhibit that I introduced so the original floor plan uh had 40 seats this new floor plan per the
exhibit A7 as 25 seats and the reception there's a now there's a reception area up front as you enter that has the reception SL takeout uh desk so there's that that that
takeout that was on the previous re iteration is is not part of the plan anymore it's a combination reception and takeout so just for the record so the plans were changed in between when you submitted this and correct okay
thank you thank you any other questions from the board okay uh mrar Mr B do you have any questions for the engineer I'm waiting for you to go on Mr chairman we didn't review this application because it just came in it was as a variance um but I would just
suggest to the board that they have to just make sure there's enough parking that's all uh there was always there was always planed to have something in that uh section of the building next to the medical use and I think this is a less intense medical use than I think what
was proposed originally because there was just going to be infusion that's like by appointment it's not like a medical emergency where you're constantly getting patients and things and load in the waiting room so okay and there's no changes to the site plan that I can tell okay thank you um there is one
issue and I'm not sure if this is the issue or this is the right application but there was some concern about uh mature trees along the property line that are affecting the neighbor I'm not sure if that's this application or not that I I'm not in the office anymore so I don't know if this is the one but if
it is I think they you may want to have them address that this evening maybe they those trees may need to come down and uh and they become good neighbors so I just point that out to I'm not sure exactly if this is the one or not but I was in the office on Friday and I believe this is the application uh you
you are correct Mr Bell that is that there is a neighbor who uh has been complaining about the trees and we're willing to go out there and trim them we don't want to take these mature trees down um but perhaps we could trim them and I don't know maybe you can go out in the site and meet with the owners and well I I spoke with the township
engineer um and we weren't going to charge a penalty only because of the the situation I think it's growing the one large stre is growing into his basement the roots are growing into his basement so I think that's a that's a concern I know it's not that's not really your fault but maybe you can work that out
with them we you know you can solve a problem sure over here sure we'll take a look at that okay thank you okay um any other M I have followup question um the ctmd is currently operational you do not
have the do you have restaurant operator is is the Le signed for the restaurant yes there is ass signed lease for the restaurant and what about the infusion yes and how long is the lease uh well we could have somebody else come up and talk testify to that I don't I
didn't see the leases myself Mr chairman I just want to make sure that if board approves this if a tenden is changed they have to come back to the board again yeah you could put that in the resolution of approval just like you did the first time and we're back here because it was in the
resolution okay thank you Mr chair thank you Mr Z okay um any other questions from Mr Sher okay all right seeing none okay so is it possible can you produce the um representative local infusion just get an idea sure thank you Tom Hammer come
on up here there you could have a seat sit over here they're going to swear you in first sure raise your right hand do you solemnly swear or affirm to tell the whole truth nothing but the truth to help you got I do and just State your
full name for the record Thomas hammer and if you you could Mr Hammer just uh first what is your relationship with local infusion uh we handle their Development and Construction uh we've been with them since they started uh back in I think it was 2022 when I first
met the owners uh we've built over 20 15 to 20 projects we have many in development now um I've been a contractor for around 40 years I've worked in 38 states in the United States and uh
if you have any other questions please yeah no if you could just um maybe explain I know um we attempted to explain what local infusion is but if you could describe what that actually so local INF local infusion is a um alternative to getting care in other places like many things are going out
patient so uh they saw a need to uh treat patients for these diseases these um that are being done in hospitals and basically this gives the patients a more uh comforting um private experience um a
lot of these treatments were done in hospitals and open rooms and there's also a medical um cost benefit because they're not getting charged with all the fees at a hospital would charge and um so they
every patient is an appointment um depending on their treatment they might come once a month they might come out once every three months and as was previously stated there's treatments are half hour to three hours and um they do need to prep a new room if there's another patient coming in
that's why they have that extra room did one of you had a specific question we didn't answer so my question was uh if you could just explain upon how patients will arrive I understand you know they some will drive themselves some may be dropped off by a relative but do you propose any you know medical
transports anybody in in ambulance none none to my knowledge I've not seen that I've not experienced it uh we do like to have an handicap accessible ramp which is required by quot code but there's no transport uh services that I'm aware of
or seen in any of the locations thank you very much I appreciate that does board have any questions Mr Hammer okay thank you very much sir thank you at this time I'd like to call our traffic uh engineer right hand you s mrm to tell the whole
truth nothing but the truth help you got I do and just State your full name for the record uh Andrew draa uh sir if you could please provide the board with a summary of your background qualifications sure I'm a registered professional traffic or professional engineer in the state of
New Jersey um my license is in good standing I've been practicing traffic engineering uh for almost 18 years now uh participating in the Land Development Community um you know as a traffic engineer reviewing parking requirements uh traffic impacts associated with the
projects I've testified in front of boards throughout New Jersey uh including Edison uh several years back as well as New Brunswick North Brunswick South Brunswick and uh several other counties throughout the state okay we'll accept your credentials thank you very much thank you and if you could uh Andy your office prepared a traffic
memorandum and did a parking analysis which respect to the three uses to make sure that the site uh could handle all three of these uses together correct that's correct yes we and if you could just go through your findings for the board sure I mean to sum it up and I think it's already been stated and
summarized um by Mr Shero uh but we really looked at the operations individually for um the two medical uses on the site and as well as look at the ordinance standard for the restaurant portion of the site um and sumary I'll go through the details but in summary
the 38 parking stalls proposed for this site are sufficient to accommodate the parking needs for this project uh there's no need to rely on on street parking or any other parking resources um this project is uh designed to accommodate all the parking needs uh
within the parking stalls that are proposed um going through each of the individual uses and and again I I apologize some of this was covered but I'm just going to go through it um the cdmd uh the the that Pro the city M day
has 13 parking spaces allocated uh for that use uh that was the 13 parking stases for that use was established based on parking counts that were performed at other urgent count urgent
um urgent care centers in the area um so at that time obviously cdmd was not open we're not able to count it um so we were projecting 13 parking spaces as being needed since since then since they have been operational since October uh we did go out there and take parking
counts at the site to see how did the uh what was the actual parking demand for this site and compare that to what we had projected uh we counted on a Friday and a Saturday um and we found the maximum demand that was actually being experienced at the site uh to be around
7 on a Saturday um so again it really it corroborates that 13 parking spaces that we're allocating toward City D MD uh we're experiencing five stalls less than that for the demand for the site um we are not proposing to reduce a number of
spaces that are allocated to cdmd we are proposing to continue to maintain the 13 um but again we're experiencing a demand that's much less the local infusion as you heard um with two nurses on site and a maximum of five patients uh we're looking at a demand a seven um and
speaking with the um operators of local infusion I've heard it numerous times that they don't expect to ever experience that level of demand um but that is what we're allocating towards the site again you have six rooms one for turnover so the worst case that you
could have would be five patients plus the two nurses on staff everybody drives each of the patient drives and the two nurses drive to the site that is correct yes we believe that a number of the patients are actually dropped off or get there by other means is that correct yes that's
correct so again that is seven seven as a worst case for local infusion we expect the demand to be less that leaves the uh proposed restaurant uh for the restaurant we did rely on the ordinance um for the number of parking spaces that uh would be required um the ordinance
states that it is the maximum of either one parking space per three seats or uh 50 seat uh 50 excuse me one parking space per 50 fet of retail space running through those calculations uh that works out to 18 parking spaces being required
by the restaurant when you sum all of that up again using the conservative um allocation of 13 for the citymd the conservative Assumption of seven parking spaces for local infusion and the 18 for the restaurant that works out to 38
parking spaces uh being needed for the site where 38 parking spaces are proposed um one other thing I'd like to just kind of discuss in the context of this so this is already inclusive of kind of a worst case scenario for the cdmd and local infusion but what I haven't talked about is really the the
time of day when the peaks of each of these sites are really going to be occurring for the parking um you would expect that restaurant is typically going to have its Peak parking demand uh on a Friday evening or on a weekend um and the local
infusion uh although they are occasionally open till 8 on the weekdays typically they close their doors at 5 uh they have one weekday um uh one week day evening where they are open after hours as late as 8:00
p.m. uh for people that are getting off work and they need to get to infusion uh and speaking with the operator that late day is always going to be a midday weekday so that would be a Monday Tuesday Wednesday or Thursday not on the Friday when you would expect that restaurant to require uh potentially
it's it's Peak parking um and same thing for the City MD when we when we counted the parking stalls we did um sorry taking a step back to the local infusion the local infusion they uh although you heard testimony that they would be open
on Saturdays um just to clarify what that is and what I've heard from the operator because we did ask that is that they are opening on Saturdays but has really one Saturday a month and that it's open from um 9:00 a.m. to 1 p.m. so again those hours are outside of what
you would expect the peak to be for uh the restaurant looking at the um the cdmd parking when we look at how that demand is um uh distributed throughout the day again you find the peak demand associated with
cdmd um to be typically in the midafternoon and in the morning on Saturdays again these are periods of time that are not concurrent when when you would expect uh the restaurant um to have it high to so if we assume that they're all peaking at the same time we have sufficient
parking and when we really consider the fact that they are not peing at the same time and that they not um and that we are being very conservative in the number of parking spaces allocated to CDM day in local infusion again I'm more than comfortable that there's plenty of parking on site to support these three
uses looking at the individual characteristics I don't have anything else unless there are questions okay does the board have any questions for Mr chipolo okay okay at this time I like to actually call back Matt sherrow to put a little planning testimony on because we
abely seeking a parking variance in order for us to allow these uses on the site Mr Sher you're still under grow and uh your qualifications haven't changed since you were standing against the law there correct yes good thank you thank you so Mr shro you've heard all the
testimony this evening and you know that we're here to receive a parking variant so if you could for the record indicate whether or not in your professional opinion the applicant has satisfied both the positive and the negative criteria in order for the board to Grant the requested parking variant yes in in my opinion based on the testimony from
myself and the traffic engineer uh the justification for the parking variants uh based on the two uses that are being added uh is sufficient and um meets the requirements of of the variants and if you could specifically what positive
criteria do you find or Advanced sure the positive criteria um purposes Advanced under the zoning ml uh purpose a to make appropriate use of development for the lands to promote public health safety morals and general
W welfare purpose G provide sufficient space in appropriate location for variety of uses purpose I promoting the desirable visual environment as you saw the the the difference between what was there and what's there what's being proposed today and purpose M efficient
use of land as far as I know Miss Jenning is g to ask me about the negative criteria next so I'll just hit that very quickly negative criteria uh the benefits of this proposal outweigh the detriments uh the S site can accommodate the demand for the parking of these three uses uh there is no
additional noise odor or traffic Beyond what's there today um and it also allows for Less impactful uh uses on the site uh to be proposed and no detriment to the zoning plan this use the medical use was previously approved the restaurant
use is a uh permitted use um the applicant actually saw after tenants uh knowing they'd come back here um for the for the parking variant so they sought after tenants that um had a less demand
than say a big commercial use um obviously the the parking is complimentary to the three uses that we have here proposed today so that's the negative and positive criteria for the variants receiving to thank you Matt thank you board have any questions for
Mr Char regarding the uh planning testimony okay seeing none thank you very much thank you and that in sum is our case in Chief I think we took uh the applicant worked very hard to to find two users that would be low impact that
could finish uh filling up this vacant portion of the uh building City MD is working out great we think these are definitely complimentary uses and we would respectfully request that the board Grant the requested relief okay thank you very much so we now go out to the public anyone with we're going to
begin with anyone within 200 feet of subject site uh if you're within 200 feet of subject site you received a notice via certified mail all members of the public will be allowed uh for six minutes for uh commentary um you are allowed to uh question the applicant or
any of their professionals um and uh we'll get started on that so anyone within 200 feet of subject site wanted to be heard sir you could approach electon is okay yes that's perfect okay sir sir raise your right hand do you sol
me swear or affirm to tell the whole truth nothing but the truth to help you God yes I do fate your full name for the record you may have to spell your last and then provide your address please my name's uh Andrew chelo last name is spelled c h e l e l g
o i I live on uh Eden Avenue right behind the property if you could what's your sir what's your address my address is 52 Eden Avenue that's block 171 L 51 so um I
before I start I just want to commend the Improvement on the on the site because it's it's brought a lot of you know uh the area looks nice they put up a fence and I just want to appreciate the work that has been done there but uh
I just have a a few comments and uh before the board can actually Grant this variance is to request that the trees on Eden Avenue adjust to the property and also around the property are too
mature and need to come down because uh we on on Eden Avenue we have even a Street Lamp that does not during the summer when you have leaves on the tree uh you can check with the police
department we previously had a couple of night accidents on that road uh due to poor visibility at night due and I've called myself PNG to to do something to the light they tell me it's not you know it's not the jurisdiction to cut down
the tree it's the property owner um also in addition to the trees behind the property no Landscaping work is done uh during the summer months you have weeds growing up no one comes
to clean they adjust and pro property which is uh that houses the dunin donuts behind it they also come and clean on the on Eden Avenue that is that is not done in in the case for this property so I would like to request the board as a
card for granting these variants that those trees need to come down and the owner needs to provide the Debs by which they'll come down and also uh agree to do the Landscaping work during the summer months behind that property
because the leaves all over the place we clean our properties and the leaves blow to our properties you know it doesn't help us thank you thank you very much sir Council would you like to I don't think the applicant wants to take down all the trees I it's unusual request to
ask somebody to take all the trees down we're always trying to keep trees up but I think the applicant would definitely be willing to go out there and trim them back and I'm not sure where he's talking about the Landscaping if it's not on our property uh the clients not inclined to go on someone else's property to do their
Landscaping if I may please good on Eden Avenue alone we have 10 mature trees when you improve the site you added four more new
trees with no uh intention of cutting down those trees need to come down I have pictures I can provide as evidence uh if you can put up um number two uh the was it the so what you call
it yeah and I could show you these trees if you see them in the summer this at night as I mean it's it's it's it makes our street look really bad thank you Mr would this follow within fall within
your office perview would this be uh engineering just bring your bring yes sir uh Mr chairman myself and uh the engineer can uh take a visit out there and inspect the trees and um I I have a question is there an 8ft fence between
your property and the City MD is there a fence there they put in a new venile fence and one of my opposite neighbors I think he's not the one who's here he's he's not here but uh he recently bought the property and he's one who's
complaining about on the side of his lot the trees are actually affecting his basement and it lines up all the way on the side from East uh Eden Avenue all the way to East Side Avenue they are close to 12 10 12 Trees on that side and
on Eden Avenue we have another 10 to 12 Trees there and they added brand new trees so I don't you know we we agree you know accept the Aesthetics around the trees but if the older trees can come down that's all we're requesting
and Miss Jennings have so approved you'd be agree to Mr a and Mr picaro making a visit to the property and comply with any uh yeah I think they'd like to work with it but we just want to agree to take all the trees down I mean we did have a site plan approved and we were instructed to put additional trees in so
exactly kind of an unusual request to ask an app to take all the mature trees but it's also being a good neighbor yeah okay understood okay okay thank you so much sir we appreciate it is there anyone else within 200 feet of subject site wanting to be heard anyone outside 200 feet W to be
heard last call second n can I get motion to close the public portion motion to close the public portion I second motion made by Vice chairman o Gorman second by Mr dve all in favor signify by saying I I oose nay the eyes have it public por is now closed Miss
Jennings if you have any uh summation uh no essentially I think as I indicated earlier um we are back here because your prior approval required us to come here the applicant spent a lot of time trying to find the right tenants that would work with the parking that's on the site um and we think that we have the
testimony to support the variant request and we respectfully request to the board granted approval okay thank you very much so now go to the board Mr chairman Mr dve uh I make a motion to approve this application the applicant has met all the negative and positive criteria
the site is particularly suited for the intended use particularly the the infusion is the less intense use um this motion will also incorporate all of the testimony of the applicant attorney planners engineers and members of the board
uh it will also incorporate the following conditions the applicant agrees to come back to the board in case the uh future tendency is Chang one or the one or one or more and applicant also agrees to have no car park on the
street um applicant also agrees to follow up with the suggestions that zoning officer would make after the walk through I'm also going to add um that since there was not there had not been a police review um that a police review
letter must be obtained uh prior to final compliance being issued we have a second second motion made by Mr dve second by Vice chairman of Gorman roll call please Mr chabra yes to the motion
Mr Sero yes on the motion Mr Schneider yes to the motion Mr D yes to the motion Mr sadaha yes to the motion Vice chair o Gorman yes to the motion and chairman kba yes on the motion right thank you so much have a good night congratulations okay we're going to take a uh five
minute recess before the next case why it's 5 minute cas this is this isn't one second right so they're going to still going to have that sight e e
e e e e e e e e e e e
yeah can I get a motion to return the session motion to return public session thank motion made by Vice chairman second by m all in favor sign by saying I I nay you guys have it board's now in session Madam Secretary next case on the
agenda please case number Z3 2025 Ultimate Collision Repair for grid located at 280 Route 1 applicant is seeking bulk and use variances along with minor site plan approval for the existant for the existing non-conforming use of the automotive repair standards
have not been met in accordance with the master plan Automotive repairs minor body panel repair and body workshops are not a permitted use in this Zone affected property is located in the gbh zone designated as block number 33708 Lot number 1.22 on the Edison
Township tax map all noticing paperwork is in order good evening good evening chair members of the board my name is Thomas garlic I'm from the law fir Murphy Schiller and wils in Newark um we're here on behalf of the applicant Ultimate Collision um who is the contract purchaser of the property so
what's proposed before you as an owner operated business we're here tonight seeking uh site plan approval along with the D1 use variants for the proposed light truck repair facility at the property located at 280 Route 1 here in Edison which on the tax map is block 3
uh 33708 lot 1.22 the property's located in the business uh General business gbh Zone at the intersection of Route One Woodbridge AV uh and merer Avenue which results in
a triangular shaped property um the property was previously uh I'm sorry while the gbh zone does not permit the exact proposed use small auto repair shops are permitted as conditional uses in the zone when operate in connection with the gasoline station here because
there's no gasoline station proposed or existing because our proposed use extends Beyond those services that are allowed under the ordinance we're seeking a use variance uh the property was previously used as a Mr Tire some of you may be familiar with uh which based
on their uh uh General Services provided provided basic auto repair services including brakes Mufflers tuneups alignment suspension work and uh battery and general electric work on vehicles as well as maintenance work like oil and
other fluid changes and of course uh Tire changes um again there's no gasoline station previously existing with the Mr Tire operation with the application before you tonight the applicant proposes to occupy the existing building uh with minimal physical
changes essentially the applicant proposes to restripe the lot and relocate the dumpster uh Mr tyer had placed the dumpster I don't know if this was permitted or not but in in one of the parking spaces we're now proposing to move it to a Corral that's on the Eastern side of the building uh
regarding uh the board planers comments uh which which we've received as to lighting and Landscaping given that what we're proposing is a general change of use uh we were not proposing any changes to either of those items um yeah applicant will operate a similar
business out of the building from Mr Ty uh which we referred to as a light truck repair facility essentially the applicant will provide appointment only services to owners of electric uh vehicle delivery Vans uh these are going to be customers who are who own fleets of of delivery Vans U they're not going
to be individuals they're not going to be open to the general public um the typical van that some of you may be familiar with is the rivan Amazon electric van that you may see on the road today um the applicant plans on working with other uh automakers of
these EV Vans and obviously other couriers but that's just an example for the board's understanding um uh and I know I mentioned earlier that there's it's not open to the general public there's ALS there will also be no walk-ins this is really just an appointment only uh service applicant
uh anticipates three to six employees at the location with hours of operation between 8:00 a.m. and 600 P p.m. Monday through Friday 8: a.m. through p uh through 400 p.m on Saturday days um typically and I know I submitted a letter to the board that kind of
outlined all this but I just wanted to quickly summarize it as an opening um these EV Vans may be on the property for several days it's just simply awaiting parts and repairs but I want the board to understand that these EV Vans are most valuable when they're on the road
delivering packages to uh to customers um so the idea is really that these these Vans are going to be scheduled arrive and get serviced one to two days uh there's an off chance that the uh a vehicle may be on the lot for one to two weeks just because there's a delay in in
a part um there will be no storage of equipment on the outside of the property uh parts and any fluid uh will be disposed of properly with the appropriate disposal haulers apart from the vehicles um I'm sorry apart from vehicles that may have some dents and
minor broken pieces like a broken mirror or a bumper junk or total Vehicles will not be on the lot um in terms of service again I I provide the board uh with a letter dated March 14 2025 that uh detailed the anticipated
services on on the site we know we're coming in for a use variance here we wanted to be very clear and transparent as to what those Services involved um and that was provided so that the applicant and the board are on the same page when reviewing this application um there's two categories of services being
provided mechanical repairs Services as well as some Auto Body the mechanical work is basically going to uh mimic what Mr Ty has provided in the past at this location uh there's not a dramatic change one thing I will point out is that these EV Vehicles do not require
oil changes so there will be no oil changes completed on site um any fluids like coolant antifreeze to the extent that it's required windshield washer fluid will all be stored in a a drum that's picked up and hauled away uh but there's no concern as to oil on this on
this location um in terms of the body work which I know that the organist points out uh this is I'll call it light body work in modern times we're not taking uh we're not required to do welding uh there's not heavy work being done the uh applicant
uses what they call a paintless dent removal system which they just adhere some tabs to the part of the panel that's dented uh they use a tool that basically pulls that panel uh that dent out and they apply some Bondo to flatten out the dent and they may apply some um
uh uh primer using just basically a spray uh spray paint can to the uh to the spot to secure it so that it can be taken offsite and painted uh there will be no painting done at this location uh painting will either be done offsite or
if a panel is prepared offsite it'll be brought in and then basically just applied to to uh to the vehicle so basically a fender may come off and a fender replaced um all work will be done indoors um in terms of witnesses uh we have two
witnesses here tonight Robert Murray from menow Engineering Associates briefly take the board through the site plan that's been submitted um and our planner John Chadwick to provide testimony on the variances and waivers requested um should the board have any questions on the paper that was the
letter that was submitted from my office outlining the services to provide we also have Jerry mcne who's a member of the applicant to provide that testimony um that's all I have I appreciate the board's time and in hearing that summary okay thank you I'd like to call
our first witness uh engineer Robert Murray your right hand you saw me swear or affirm to tell the whole truth nothing but the truth to help you go I do and state your full name for the record please Robert Murray and Murray Mr Murray if you could please provide the board with uh sum of
your background and qualifications please yes I graduated sir uh from Stevens Institute technology in 2017 with Bachelor's in civil engineering I've been a professional engineer for four years now and I provideed testimony in front of multiple boards including
both Edison boards okay and your license are current in a good standing correct okay you may proceed thank you thank you if I can uh direct your attention to the easel to my right where we have the engineering site plan which is sheet two of the provided plans and just to
orientate the drawing North is up the property better known as 280 us rout one Ultimate Collision is lot 1.22 of block 33708 in the township of Edison the site is located Southwest on
the southwest corner of Route One and merav with existing access off both roads property is approximately 0414 acres and is located entirely within the gbh general business District
zone the site is surrounded to the north east and west by commercial uses and to the South by residential uses as it exists today the site is currently a 4 4372 foot auto repair shop no site
improvements have been proposed besides restriping of the existing parking circulation will remain the same there are 15 existing parking spaces where five are required and there are no changes made the site is not the site plan is
not considered a major development so no storm water management is required provided on the plan are the existing non-conformities which include lot area lot width lot depth front yard set back side yard setback parking set
back to property line and parking set back building none of these are changing waivers include a waiver for the lighting analysis and as suggested by Hank mcnell waiver for the pipeline buffer and the tree replacement
ordinance I've had a chance to uh review the board professionals letters and we have no problem with addressing the comments uh subject to the requested waivers if I could just real quickly um is there a proposed location for dumpsters on
this site correct there is an existing uh dumpster enclosure on the east side of the building and that's where the applicant proposed to place dumpsters correct um and the the uh applicant proposes uh to use a private hauler for
those dumpsters correct um that concludes my testimony if the board has any questions okay so we're going to go through the board professionals reports uh we'll start with the Delaware R and Engineering Mr bar thank you chairman uh just a few
questions can you clarify you said it's an existing dumpster area or an existing Refuge area but you're proposing to put the dumpsters there so I just want to be clear what is it a fence dumpster area
correct we may be saying that I'm sorry like does it have self closing Gates there's a gate yeah there there is a gate um if if it's a requirement for self-closing Gates we'll have to install that we be agreeable to that okay uh and
I know it's an existing site can you explain how deliveries are presently handled proposed or existing uh both I don't I don't know if we have knowledge as to how Mr Ty received deliveries but the applicants proposing um basically UPS trucks that would uh not UPS trucks
but small delivery vans that would be delivering Parts um so like an auto parts uh wholesaler might be visiting the site with a small van pull up drop off the parts and leave okay we're not expecting any large Vehicles you know large 18 wheelers that
are doing major deliveries or anything like that so if like an S3 size vehicle and what are the hours of operations of the facility uh the hour so uh Monday through Monday through Friday is is too many
papers 8:00 a. to 6:00 p p.m. and Saturday is 8: am to 4 pm okay I think that's part of one of the things we were looking at uh echoing Mr Bell's comments was regarding the lighting we didn't see anything on the existing site there now
and you know it does get dark prior to 6: p.m. so I I don't know we may want to look at at the lighting meeting current Ord so there I believe there's correct me if I'm wrong um there's there's five wall lights on the existing building Mr car
can you bring the microphone either sit closer or bring the M okay there you go I apologize thank you so much yep um there's there's wall lights on the building um which the applicant you know planned on utilizing um and keeping on you know to
to yeah we just look we might need a little bit more information to see what sort of light levels are being provided proved on site now just to make sure that that keeps the area safe okay we could yeah so if if you'd require we could we could provide you with foot
candle study um I think the applicant's plan is is to if necessary would upgrade the existing wall lights to provide sufficient light yeah if if that's would be satisfactory to to the engineer yes if that works that's fine if it's yeah if
it's necessary I believe that's all Mr Jared thank you Mr Mr BD down yeah Mr chairman um Mike I have a couple of concerns that I want to just lock into the conditions of approval I'd
like to know the number of vehicles that'll be on this property at any one time um my suggestion is that um no more than number of parking spaces and that they be registered Vehicles so so we're doing repairs the vehicles are not they're not vehicles that are
unregistered and we're not taking parts and things like that and then we're not storing Parts I think he said that we're not putting any parts or any of that stuff on the outside and I have no concern or very little concern with the lighting if it's going to be I in my letter I asked that
it be um uh was it was it built according to ordinance requirements but I'll be satisfied with the foot candles if it's uh it has the minimum requirement Along The Pedestrian and areas where people Park and stuff they have to light up the whole property I
don't really care about that um and then um the Landscaping uh when we had our TRC meeting this is an existing facility but I went out there after the fact and the Landscaping is in very poor condition it wasn't maintained very well
so I'd like to see a landscape plan that shows them additional plantings and a few additional trees on site because it can certainly uh use a sprucing up and those are my concerns so they agree to that then I don't really have any other issues
sure so we can do that is that yeah I was going to address each of your items but yes for the Landscaping we'd be happy to submit a landscaping plan subject to your approval according to my letter yeah that'd be fine like I said it's in very poor condition so the prior owner didn't take very good care of the
property and lot of people go buy that property every day on Route One so it should look nice the applicant planed on doing some as an initial step basic Landscaping I think they were going to remove some dead bushes and replant them but but we wanted a few extra you know trees or every we can talk about that
that'd be fine and then the number of vehicles I'd like to lock them into a number of vehicles so that they can ever exceed that on site and I I meant to mention that when I was providing my summary so I apologize yes the plan is to use only the parking stalls on site
so I think there's 15 parking stalls total 15 parking stalls will be used so at night there would be empty spaces for the six employees so that the most you could store on site would say would be nine is that what we're saying and I just want to clarify so there are five Bays so they may Park vehicles in The
Bays that's fine but in terms of outside the building correct so there will be Vehicles parked outside that are going to be repaired I just don't want to go by and see cars all over the place and you know it not being maintained properly completely understood so just
to Echo Mr Bell's Point like my my request would be that they all be surface parking no double deckers surface parking spots that's it understood so what number if so approve what number would we agree on there's 15
stalls I believe okay so 15 15 Vehicles parked outside well no no no to Mr to to the planner's point right there's there are there'd be 15 less than less the number of employees 15 15 Vehicles less
the number of employers at the site so we're looking at nine parking any more than nine at night or around 10 that would be a maximum outside well there in the event that there's we we represented that there's usually three to six employees on site at on a given day so it might flux a little bit but you may
have a customer show up too so I'm talking about when you open up in the morning there has to be a place to park those Vehicles when they when your employees get there yes so those spaces need to be open so you can park nine out side and still have six to park your employees can I represent that there' be
sufficient parking so that the employees are there's sufficient spaces for the employees to park not not if you want not if you want this board to approve we're we're gonna land on a number we need a number because I we went through this over a different facility and that
wasn't the case and so I'm not um you know I'm a pretty trusting guy but yeah and I'm not trying to play games I'm just because I gave you a range of employees I just wanted to make sure we were clear on what that number is so that that's all I'm trying to well we're giving you you you took you have a
maximum of six right six employees all right so there's nine spaces outside and you have five spaces inside you're you're still parking 14 vehicles on the property yes F we're fine with that okay but that should be on the conditions of
approval an exact number so when Mr aad asked to go out there and look no no more than 14 vehicles thank you Mr Mr B do you have anything I'm go ahead I'm sorry don't get confused no more than 15
vehicles but there has to be six open spaces at night so no more than nine Vehicles parked outside every night all right so there's a place for the employees a customer to pull up they can park and not block everybody else again and then we there's no parts
there's no there's no nothing left outside during the day it's all inside the building if it's going to be you know repair a vehicle okay thank you thank you okay board have any questions Mr chairman Mr
dby so the current use of the premise is what was a Mr Tire I think they vacated end of last year roughly I don't know the exact date but I know in the middle of last year they were still operating but it was what was the use it's a Mr Tire location so my understanding is
that they did uh general maintenance and mechanical repairs to Vehicles so um suspension repairs tire replacement brakes muffler repair um uh alignments things like that so th that is part of the use that's being proposed by the
applicant for these EV Vehicles physically car vans uh SUVs not trucks um I don't know they may have done smaller commercial vehicles I don't know if that's that's right so the intended use now the proposed use is
also um electrical vehicle EVS it's it's EV delivery vans so okay what's the size of the V like a truck size or it's a box truck the smaller uh it's not a box truck but something like um when Amazon comes by and they have the EV Vehicles
the rivan EV Vehicles it's they distinctly have the circle halo lights I don't know if you've seen them or not but that that's the type of vehicle that we're talking about the smaller they would fit in the same parking space that you have there yes and it can drive through the because you had the previous
existing Wireless and a driveway width it can drive in out from the current driver that you have yes um EV vehicle you guys are going to replace the batteries replace the damage batteries creating any hazardous West there the
they may replace a smaller uh battery 12 it 12v 12vt so it's any even an internal combustion vehicle has a 12vt battery they may replace that battery it's not intended that they're going to be replacing the whole battery cell which is what the EV vehicle runs on but if you create any Hazard way it would be
handled for the the environmental regulations D or whomsoever correct absolutely okay thank you Mr chair thank you m any other questions Mr Murray Mr chair CH uh so I know that the current Mr Tire that was presently there did oil
changes and such what kind of environmental report do you guys have on the site in terms of contamin or such okay so the applicant as I mentioned earli is the contract buyer for the property so they did a phase one and it came up clear there was no need for a
further phase two okay and would you be able to provide that phase one yeah to the board yes we could provide that okay and my next question would be um back to the point uh for the truck repair um so you're saying the largest size would be a rivian Amazon truck or van roughly
there's different there's different companies that make similar Vans and obviously there's other carriers you know that just Amazon but that's the general size vehicle okay if you were to say uh let's let's talk about like gross weight in the sense that I don't want you know I want to know are we looking
at you know dat cabs that are going to be coming in for air like what kind of size of a truck so what's the approximate gross week that you would say that the vehicles would not exceed sir if you can if you if you're willing to be sworn we can have this back and forth I'm sorry
so I don't know how the board would like to proceed either I'd like him to be sworn and I'd like him to answer rather rather than you providing testimony actually let let's do this first so we're not playing musical chairs and the board have any other questions for Mr Murray okay seeing none okay please proceed so I'd like to ask Jerry mcne to
come up and provide any answers to the board raise your right hand do you solemnly swear or affirm to tell the whole truth nothing but the truth to help you God I do and when you sit down with the microphone if you could just State your full name for the record my name is Gerald
mcne MC NE okay Mr tror yes so you let him back to the point for the vehicle uh the max size of the vehicle that'd be at this facility so the the max size so rivan makes a EV
EVD 500 and 700 the 700 is the most common one you see at deliveries it's 9,000 pound weight the 500 is smaller I'm not sure exactly the size um to one of the other questions It actually drives like a car
with the steering radius and all um that's the Max size that's the max size that would be operated yeah 9 foot height um is is the height of it uh General Motors bright drop has a similar vehicle although it's not as popular but
we are certified in General Motors bright drop as well okay and do you plan on having any uh storage you know most I've seen common practices um people start storing stuff outside storage containers box truck nothing's going to be used outside as storage correct no
sir okay the building has a loft inside of it so it has a sizable Loft for any type of storage for parts okay thank you any other questions here Mr MC see none okay thank you very much we appreciate it thank you there's any
other further questions that come up we're happy to bring up Mr M um our Final witness our Final witness is uh John Chadwick who is our planner provide the testimony as to the grounds for the variances we
requested sir do you solemnly swear or affirm to tell the whole truth nothing but the truth so help you got I do and state your full name for the record John Chadwick c h a d w i k and Mr Chadwick you appeared prior before this board if
you just please provide us with a summary of your background and qualifications um Rutter's graduate Pride Institute graduate licensed professional planner for quite some time represent municipalities and
private uh industry for a long period of time and your license are current in good standing yes it is thank you very much you may proceed thank you chair um Mr Chadwick you've had an opportunity to review the applicants uh application submissions yes and the board uh planner
and the board engineers review letters yes can you provide the board uh in your position as a planner with your testimony as to why uh the variance the use variance that's required in this application and the waivers that are remaining um are
warranted yes uh in preparation obviously go to the site discuss how the operation works with the client uh review the zoning code review your master plan and then review all the reports and also I been here for all the
testimony previous on this application and I think the board's got a pretty good handle on what it is and uh where it sits within the municipality uh this particular location has a lot of different Automotive uses
right around it that's got couple homes behind it right behind the building uh tucked in uh with a odd configuration of roadways in this particular section but what more
important as I look at it uh in terms of a master plan conflict there isn't any I the master plan is a general document it talks about Highway uses you have a whole almost two pages of listed permitted and conditional uses in your
ordinance we don't comply with all of the standards of that and it's been tested if I to and Tom has listed to you what our conditions or boundaries that we would establish uh for this particular use and
I think that's the important part of the planning issue here is what controls have been offered because really to distinguish this use from what's already been there there there's some distinguishing
factors however I think what's more important is the comments that uh Henry Rell offered there'll be absolutely no outside storage of any parts or any
containers uh which gets to the basic maintenance or appearance of the site the number of vehicles that would be stored outside and what their condition are I think you have a good handle these
are probably mostly fleet Fleet fleet vehicles and they're going to come here on as limited time period as they can because they don't make any money if they're sitting in a repair shop so the
turnover is probably going to be scheduled um through the both the client and his customers so I think that also is a very important part the site
itself is the tired looking building uh the Landscaping hasn't been maintained and I agree with Mr bnell a practical Landscaping plan to his
satisfaction would make sense not sure we could add trees but we certainly can clean up what has been left to go wild the building or its presentation in and of
itself um is a relatively bright color and we intend to uh change that completely and make it a more subtle presentation there signs all over the
building we're going to take them most of them down and res submit a plan this in full compliance with your Zone regulations for this particular Zone having said
this uh you you know what the plan is drill is they go what do you do do you advance anything on the positive criteria the negative criteria and a balancing act a positive criteria I think I've just outlined it with
basically taking and taking a building and repurposing it slightly which is one of the goals of the municipal land use law clearly we're going to upgrade the site based on what
I've just testified to as to uh repainting the building redoing the signage and a landscaping plan as well as the outside Mr chav I'm just sorry interrupt you if you just bring the microphone a little closer so we get to hear you I'm sorry no problem thank you so
much uh in terms of the basic upgrading of the site as more than just a general maintenance but a uh really a redo of its appearance I think those all advanced Min the purposes of Municipal
land use law in terms of a negative impact I see none I think we're upgrading a building that's not go be very tired we put with guard rails on how the site can be can operate no
outside storage limitation in terms of the number of cars and upgrading uh its basic uh appearance so I think all of those go to a support of the grant of the barits thank you okay does the board
have any questions Mr Chadwick okay see thank you very much you're welcome okay Council that's all I have chair okay great so we now go out to the public anyone within 200 Fe of subject site wantan to be heard if you were within 200 feet of site you should have
received the notice via certified mail would you raise your right hand do you solemnly swear or affirm to tell the whole truth nothing but the truth to help you got I do and if you could please State your phone name provide your address yes it's uh Kenneth Cunningham and I'm at 13
Meer you proceeds sir thank you very much okay um so I mean I've been before speaking before this board before when Mr TI was uh going up and uh we heard great presentations just like this
telling us how it wasn't going to affect our neighborhood and um and everything and it's been anything but uh with uh all of the uh you know uh Vehicles being dropped off right on right on Woodbridge Avenue in front of uh in front of um the
uh the dealership uh not inside their lot like they said they were going to do so I'm hearing a lot of things here that that make me concerned um so I've I've spoken with all my neighbors so I'm representing the neighbors from six s
Sarah the board cannot hear you representing anyone else you're not an attorney so you can only testify as to what you'd like okay perfect perfect all right so so uh with regards to to the concerns I I mean you know right away uh
we could talk about Mr Ty and how Mr Ty operated and um when they did operate uh a lot of uh their business overflowed onto our block in in several ways um when they talk about you know no large
trucks coming in to make deliveries and stuff like that it's a little difficult to say that a vendor wouldn't put bring in a larger truck uh if going to be picking picking up the trash of course that's a large truck you know um our
street is in horrible condition the the the whole street is horrendous um we flooded down the end of our street uh five times in the last month um they just got the the storm drain cleared up the reason why the storm drain was blocked up was because everything was
flushing down into the storm drain from the street uh being uh being in such bad shape part of that was being caused by the amount of vehicles that kept coming in at the top of the street from Mr Ty or um when uh Minnie was uh having the
the truck uh for for dropping off the cars would park for a while there they were parking right on the street overnight and um we ended up you know calling the police and getting that kind of disbanded so in in in that you know
there are definitely concerns for us one of the things that raised a major concern for me as you're talking about these these Vans these Vans are barely large in size when you consider that they're going to park them in those parking spots that are facing route one
right on the right on The Jug Handle there it makes it nearly impossible when cars are parked in those parking spots for us to be able to see and safely come out of our street with people speeding off of Route One now if we're going to put these big Vans it's like putting a
wall there and us being expected to try and figure out how we can come out safely without getting sideswiped you know I've got a 17-year-old daughter who's just about to get her license I'd really hate for that to become her tragedy right there um you know they
there you know there the the the thing with the Hazardous Waste um you know them doing a a report on the Hazardous Waste there are several drums in the back of the building that are sitting there undisclosed as to what's in those drums but if if if that's listed within
the Hazardous Waste report I'd like to see it because I I it just doesn't make sense um to me that those would have remained on the site once the once everything was cleared out from from Mr Ty that all should have been taken out
and and gotten rid of so it just what I'm trying to say is like you know we don't want to stop anybody from developing that property it's it's you know I I don't I I don't want to see anything stop development for our town and everything like that the thing is is
that we have to do something about safety concerns to make that a viable option you know um so whether that would be a coordinated thing where um something would have to be put out onto the um the the offramp um some type of a
speed hump or something like that that's going to slow those people down to 25 miles an hour because those people I'm telling you they come off of there and and and they're 45 50 miles an hour when they're coming off of there um my son crosses there when he goes to catch his bus in the morning and he's dodging cars
all the time so you know just on the safety concern alone that's probably my biggest my biggest complaint there is just um how to make it a safer environment I'm sure that you would agree that that's what you would want to bring a safer environment to our
neighborhood we don't want to have it where it's going to be detrimental to us and um and cause us un un uh unnecessary risk so um that's probably you know all let me just make sure I I chat a chart
of a couple things down um oh and just in the in in in wondering about the configuration I can just answer that question when they did the overpass all of those streets used to connect through to the other side of Woodbridge Avenue once they put the overpass in it it separated everything off those two
streets Lloyd and meek are both that end streets now so um so we're we're kind of like you know like you said we're we're a little niche back there we like our little bit of privacy back there kind of people forget that we're back there sometimes which is which is not so bad
but just coming out of there we want to be able to be safe when we come out all right so thank you very much absolutely sir just before you go so the mini the mini dealership we I was on this board when we approved it so they're the the hauler that delivers the vehicles
they're they're storing it overnight they they were we once we called the police and the police got involved they stopped storing it overnight but where is it as I could show you right on the offramp they're parking it right right
across the crosswalk that's supposed to be there for pedestrians they're parking it right there and offloading when they're supposed to be offloading on their own property that's going that's okay that that's current this is this is this is coming off of Route one right here right in front of mini you can see this this pickup truck is trying to
avoid to get around the truck you know that that's not the way it was supposed to be okay you know as far as the Landscaping oh the the the only other thing was the Landscaping is just it just asking that no Landscaping be put in that's going to obstruct our view you
know um that that would be the other concern okay can I have uh that photograph that you just held up we're going to mark that is objector one absolutely one what you asking what dat and then you could just head back to the
microphone another question for you so the offramp where it's coming off there that's that's Woodbridge Avenue correct that's Woodbridge Avenue that's that's that's a County Road okay yes so we can we'll we have no jurisdiction over the county we could just understand ask nicely but you could also do so as a
as a resident to to ask listen I completely understand I I live on a street on a residential street that people race up and down every single day and when it's when it's school buses that really scares me um so I I'm I'm I'm I hear you completely yeah and just I mean we've got little kids that get
picked up by their buses over there and everything like that so the you know the concern is really is if you've got this all these spots filled uh you know with with these these cargo vans it it really does create a wall that where we're not
able to see what's coming off of Route One okay all right thank you very much we appreciate thank you is anyone else within 200 ft subject want to be heard anyone outside is 200 fet wanting to be heard see none can I get a motion to close the public portion
motion second motion made by Mr Schneider second by Mr Sho all in favor second by by saying I iose nay the eyes have it public portion is now closed Mr garli you have any estimation no I've spoken enough tonight I'm sure the board doesn't I'm sorry he was rustling papers in my ear I couldn't hear you I said I I think I spoke enough tonight I'm sure
the board doesn't want to hear anything else from me all right thank you soone now go to the board Mr chairman Mr D I make a motion I'm a motion to approve this application the applicant has met all the negative and positive criterias the site is
particularly suited for the intended use as the current use is auto repair shop this is an extension of the auto repair shop uh the use is not detriment to the public good or Public Safety um this motion will also incorporate all of the
testimony of the applicant attorney planners Engineers member of the board as well as Inc incorporate the following conditions as testified to um number of vehicles at any given time will be no more than nine outside in the parking
spaces and four or five may be inside um applicant will also submit a landscaping plan adding additional trees or shrub as required subject to approval um any hazardous material debris created
by the repair of uh any vehicle if any will be handle according to environmental standards CH chair I I apologize to interrupt but I just want to make a clarifying Point as to the condition that was raised um the number of vehicles outside during business
operations will be the 15 spaces I think it's overnight overnight with they will be the nine Vehicles parked I just want to clar verify that I had heard that it was only 19 Mr chairman I amended nine overtime parking spaces yes n overnight
overnight second okay um motion made by Mr dve second by Mr Sho roll call please Mr chab yes um yes I would also like to add something um I'd like to ensure that there's no outside storage for parts and
materials and I'd also like to say that if the sign is being replaced that it be compliant with the zoning and um additionally no employee parking outside on Beaker Avenue yep we're we're agreeable to that
Mr cido yes on the motion Mr Schneider yes on the motion Mr D yes on the motion Mr sadan yes on the motion B CH Gorman yes on a motion and chairman gumba yes on the motion now is approval congratulations thank you everyone okay Madam Secretary any more business come
before the board this evening that'll be all this evening okay can I get a motion to uh adjourn motion to adjourn second motion made by Vice chairman a Gorman second by Mr Schneider all in favor signify by saying iose nay the eyes have it Bo stands a thank you
everyone so so it is electric it's electric well I looked at and it's things that are from 2023 manufa e e e e
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